The Attorney Post - If you don't know your rights, you don't have any!

Justin West
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Welcome to the attorney post, your source for the inside scoop on current legal news. On this podcast we will interview leaders in various facets of the legal field, help you to understand the various ins and outs of what they do, and cover the basis of some of the most burning questions people have when looking into these facets of law. Visit us online at https://TheAttorneyPost.com SPONSORS: https://RankWith.News Https://NationalERC.org https://TheAttorneyPost.com/groove

  1. Justice, Integrity, and the Future: Nate Preston on Structured Settlements in Personal Injury Law

    10/26/2025

    Justice, Integrity, and the Future: Nate Preston on Structured Settlements in Personal Injury Law

    https://youraccidentlawyer.com/ 602-600-6427 In a compelling episode of The Attorney Post, Nathaniel (Nate) Preston, managing partner at Warnock MacKinlay Law in Arizona, shares his journey of building one of the state’s most respected personal injury law firms. With over $500 million recovered and a success rate above 99%, Preston has distinguished his practice by blending meticulous legal skill with genuine compassion for clients. A graduate of Brigham Young University and Arizona State University, Preston didn’t start out intending to practice law. After exploring real estate development, he realized he wanted to make a deeper impact. That realization led him to personal injury law, where he found meaning in helping victims rebuild their lives. Unlike many firms that handle hundreds of cases at once, Preston’s team takes a limited caseload—no more than 150 to 200 per attorney—to provide personalized attention. “Clients deserve more than just a file number,” he emphasized. His firm’s reputation as a litigation-ready practice has earned respect from insurance companies and resulted in multi-million-dollar verdicts and settlements. Preston’s philosophy extends beyond courtroom victories. He places strong emphasis on firm culture and integrity, choosing to remove toxic influences even if it means sacrificing short-term gains. “People over profit—that’s how we grow sustainably,” he said. He also discussed the challenges surrounding large settlements, noting that injured clients often face financial pressure from relatives or advisors. To protect them, he recommends structured settlements, which preserve funds and reduce tax burdens. On the topic of technology, Preston views AI as a valuable tool that complements human judgment rather than replaces it. While acknowledging potential pitfalls, he remains optimistic about AI’s role in improving marketing, document management, and investigations. Still, Preston remains rooted in the human side of law. Whether through Zoom calls or in-person meetings, he ensures every client feels heard. His guiding principle, inspired by his mother, remains simple yet profound: “Live in the present.” In closing, Preston called for reform of Arizona’s 180-day notice of claim rule, arguing that victims need more time to pursue justice. His voice reflects the rare combination of compassion, intelligence, and courage that defines true leadership in law.

    1h 16m
  2. From Courtrooms to Santa Claus: Dana Friedman’s Legacy in Injury & Family Law and Giving Back in NYC

    09/19/2025

    From Courtrooms to Santa Claus: Dana Friedman’s Legacy in Injury & Family Law and Giving Back in NYC

    https://kflawnyc.com/ 212-964-6622 In this Attorney Post episode, Dana Friedman brings more than 40 years of legal experience to the conversation, highlighting not only his success as a civil litigation attorney but also his unique role as a community leader in New York. Friedman’s firm, founded in 1946, has built its reputation entirely on word of mouth. Serving clients across New York City and Long Island, the practice focuses on personal injury, family law, and civil litigation. What sets Friedman apart is his deep connection to his clients, honed since childhood when he first worked in his father’s law office. Adapting to Shifts in Law and Society The COVID-19 pandemic tested the resilience of legal professionals. Court shutdowns and delays disrupted normal operations, yet Friedman’s firm adapted. While personal injury cases declined, divorces rose sharply, reflecting the strain on families during lockdowns. His ability to pivot in this shifting landscape underscores his dedication to client service. Throughout his career, Friedman has taken on significant cases that reveal his persistence. From restoring no-fault benefits for children wrongfully denied coverage to proving client residency in complex disputes, his victories highlight his commitment to fairness. Santa Claus for First Responders Friedman’s impact extends beyond law. Since 9/11, he has donned a Santa suit every holiday season, organizing toy drives for the children of first responders. His office’s proximity to the World Trade Center inspired this tradition, which continues to bring joy to countless families. He even once appeared in court dressed as Santa, a testament to his humor and humanity. Legal Insights and Challenges In this episode, Friedman shares insights on New York’s no-fault laws, which impose strict filing deadlines that can jeopardize claims. He also discusses the biases in domestic violence cases and the recognition of same-sex marriages, both of which have reshaped family law in recent years. He stresses the growing role of mediation as a tool for resolving disputes, while cautioning that errors in financial disclosures can have serious consequences. On technology, Friedman acknowledges the promise of AI but warns against over-reliance, fearing it could weaken essential human skills. A Lifelong Commitment With over four decades in practice, Friedman remains passionate about protecting rights and serving the community. From fighting for his clients in court to spreading joy as Santa Claus, his story reflects a career built on dedication, compassion, and resilience. Sponsors: RankWith.NewsThe Attorney PostNational ERCAndropology

    1h 1m
  3. Asset Protection Explained: Offshore Trusts, Taxes & Wealth Security with Howard Rosen

    09/05/2025

    Asset Protection Explained: Offshore Trusts, Taxes & Wealth Security with Howard Rosen

    https://protectyou.com/ (305) 447-0061 Howard Rosen has been a Certified Public Accountant since 1974, and his career has spanned decades of work in taxation and asset protection. Today, as the founder of ProtectYou.com, Rosen specializes in offshore trust structures designed to help clients shield their wealth from creditors and legal challenges. For more than 33 years, Rosen’s firm has guided doctors, entrepreneurs, and business owners through the intricacies of asset protection. While his early clients were largely physicians, today many are entrepreneurs who have sold their companies and now face the challenge of preserving significant liquid assets. His approach is rooted in a combination of tax expertise—sharpened by ten law school tax courses—and decades of practical success. One of the most powerful tools Rosen employs is the offshore trust. The Cook Islands, in particular, has become a leading jurisdiction for such structures since introducing its International Trust Act in 1984. With no treaties requiring recognition of U.S. court judgments, the Cook Islands provides a strong layer of security for assets. Rosen, who has visited the islands more than 20 times, emphasizes that no properly structured offshore trust has ever been penetrated by a creditor. Still, Rosen stresses that these arrangements are not without risk—especially when misunderstood. Many clients mistakenly believe they can continue to control their assets within the trust, not realizing that beneficiaries are subject to the discretion of trustees. Tax misconceptions also abound, as clients may not understand when gift taxes apply or how distributions are treated under federal law. Inexperienced practitioners who rely on generic trust forms can compound these risks, creating serious tax issues for clients. Another challenge lies in client behavior. Some individuals fail to follow professional advice, exposing themselves to unnecessary risks despite having invested in an offshore trust. Rosen’s success rate—he claims 100% asset protection since founding his firm in 1991—depends on careful planning and clients adhering to the rules. Looking back, Rosen offers candid advice to younger attorneys: prioritize learning before speaking. The complexities of asset protection demand humility, patience, and a strong foundation in tax law. At the same time, he acknowledges that today’s due diligence requirements are more stringent than ever, making the practice both demanding and rewarding. Ultimately, Rosen views asset protection as a vital part of financial planning. It is not about evasion but about creating stability, preserving wealth, and ensuring that what clients have built remains safe for future generations. Offshore trusts, when carefully crafted, remain one of the strongest tools to achieve that goal. Sponsors: RankWith.NewsThe Attorney PostNational ERCAndropology

    50 min
  4. DST Sherpa: DSTs and 1031 Exchanges Explained: Ross Rubin & Peter May on Real Estate Tax Strategies, Exit Plans & Passive Income Tools

    08/28/2025

    DST Sherpa: DSTs and 1031 Exchanges Explained: Ross Rubin & Peter May on Real Estate Tax Strategies, Exit Plans & Passive Income Tools

    https://www.dstsherpa.com/ In the new episode of The Attorney Post, Ross Rubin and Peter May explore the growing role of Delaware Statutory Trusts (DSTs) and 1031 exchanges in modern wealth management. With Rubin’s background in DST sponsorship and May’s roots in law and financial planning, the episode offers a comprehensive look at how investors can leverage real estate for long-term financial gain. DSTs, which allow accredited investors to defer capital gains taxes by investing proceeds from property sales into fractional ownership of institutional-quality real estate, are projected to surpass $7 billion in transaction volume. However, Rubin cautions that investors must relinquish direct control and trust the DST sponsor for effective asset management. May introduces a four-quadrant planning model—focusing on taxes, cash flow, investment position, and estate preservation—as a foundational strategy for clients. He also shares real-life examples of clients who benefited from using passive activity carryforwards to reduce tax burdens on appreciated properties. A recurring theme is the 45-day identification window for 1031 exchanges. Investors facing tight timelines often find DSTs helpful due to their pre-approved structure. Still, May notes that environmental concerns, like those in Florida, and high state taxes, such as in California, influence client decisions on DST location. The episode also compares DSTs to REITs. DSTs offer targeted exposure—typically in multifamily, industrial, or medical office assets—but are illiquid and usually held for 4–7 years. Some may be converted into 721 UPREITs, permanently changing their tax deferral eligibility. May and Rubin warn against common DST misconceptions, such as the belief that proceeds must be invested into one DST. Instead, investors can allocate funds across multiple trusts for better diversification. The minimum investment, typically $100,000, makes this flexibility achievable for many sellers. Both guests stress due diligence and understanding sponsor health, especially since DSTs cannot raise capital post-offering. Their conversation serves as a timely reminder that proper guidance, compliance, and planning are essential when considering DSTs. For anyone looking to optimize real estate investments and defer capital gains taxes, this episode delivers a wealth of knowledge from two trusted voices in the field. Visit https://www.dstsherpa.com/ to learn more about how Rubin and May are helping investors make smarter, tax-efficient decisions. Sponsors: RankWith.NewsThe Attorney PostNational ERCAndropology

    1h 14m
  5. How Lawyers Can Thrive in Global, AI-Driven Economy – Jonathan Bench Breaks Down Global Business Law

    08/07/2025

    How Lawyers Can Thrive in Global, AI-Driven Economy – Jonathan Bench Breaks Down Global Business Law

    https://www.kirtonmcconkie.com/ 801-328-3600 In a recent episode of The Attorney Post, Jonathan Bench, an international business attorney, shares his perspective on the legal industry, his personal career path, and the evolving role of lawyers in a tech-driven world. Bench didn’t follow a typical legal career. Early on, he felt out of place in law school and even questioned if he should’ve gone into marketing instead. But with support from family and a background in Chinese language and international experience, he found his way. His pursuit of an MBA while in law school became a turning point, expanding his understanding of how legal and business principles intersect. Today, Bench works on complex international mergers and acquisitions. One deal he discussed on the podcast involves parties from Asia and the Middle East with over 80 pages of contract language—demonstrating just how intricate global business law can get. Bench is especially client-focused. He’s not afraid to say “no” if he knows another firm or expert would serve a client better. This approach has earned him long-term trust and repeat business. He also shared regrets from early in his career—primarily, not seeking help soon enough. That humility now shapes how he mentors others. The conversation moved into emerging industries, including cannabis law and blockchain. Bench shared the reality of working in cannabis, from landlord disputes to navigating evolving regulations. He also delved into his entry into the crypto space, having spent half a year learning before representing clients in that industry. He warned that AI is moving fast and could soon dominate online content creation. But he also emphasized the growing divide between countries with access to tech and those without. Ignoring these shifts, Bench says, would be a mistake. From workplace culture to geopolitical trends, Jonathan Bench offers a legal voice rooted in realism, respect, and forward-thinking. Sponsors: RankWith.NewsThe Attorney PostNational ERCAndropology

    1h 20m
  6. Omar Serrato on Child Custody, False DV Claims & the Emotional Toll of Family Court

    07/29/2025

    Omar Serrato on Child Custody, False DV Claims & the Emotional Toll of Family Court

    https://eaglelawfirm.com/ https://www.youtube.com/@thetiltedlawyer (909) 757-6540 In a candid conversation on The Attorney Post, Omar Serrato offers critical insights into the legal and emotional complexities of family law, where over 70% of his practice is concentrated. Focusing on cases involving custody and visitation, Serrato emphasizes that most clients are emotionally invested parents—not adversaries—but tensions often lead them to expect aggressive courtroom performances. Serrato highlights that this expectation can backfire. Instead, he champions a strategy rooted in empathy, preparation, and realistic planning. When children have lived primarily with one parent, courts typically favor maintaining that stability, regardless of the emotional stakes. He also warns about frivolous domestic violence claims and the potential misuse of AI-generated evidence, which may skew outcomes in sensitive cases. In addition to family law, Serrato reflects on a pivotal criminal trial that resulted in a guilty verdict after four days of jury deliberation. The emotional fallout was so severe that he sought therapy and restructured his entire approach to witness preparation. Some legal battles take strange turns. Serrato recounts a case where a woman falsely claimed pregnancy using fabricated ultrasound images found online. Her actions led to seven felony charges, highlighting the importance of verifying evidence and remaining vigilant, even in the most unusual circumstances. Beyond the courtroom, Serrato engages with legal audiences through his Tilted Lawyer Podcast, contributing thoughtful perspectives while remaining critical of unqualified online content creators. Serrato reminds clients of the financial toll of litigation, urging them to prioritize hiring strategic and communicative attorneys. Rather than pursuing personal vindication, the focus should remain on protecting family stability and crafting reasonable legal solutions. Sponsors: RankWith.NewsThe Attorney PostNational ERCAndropology

    1h 7m
  7. Legal Battles Against Abuse: Tom Cifarelli on Protecting Children and Changing Laws

    07/18/2025

    Legal Battles Against Abuse: Tom Cifarelli on Protecting Children and Changing Laws

    https://www.cifarelliinjurylaw.com/ (949) 502-8600 Tom Cifarelli has spent more than 30 years representing survivors of child sexual abuse. Building a Reputation for Justice Cifarelli began by working on catastrophic injury claims before pivoting to abuse litigation. He recalls alarming instances in which schools retained known offenders, despite prior incidents. One of his most significant legal achievements was securing the largest jury verdict in Los Angeles County history for student-on-student sexual violence. Another case resulted in a record-setting $9.5 million pre-trial settlement—the largest of its kind in California. Addressing Statutes of Limitations Survivors often struggle with trauma and repression, which can delay reporting for years. California law has been adjusted to accommodate repressed memory claims, and Cifarelli highlights the importance of these legal exceptions in enabling survivors to pursue justice despite delayed recollection. Protecting Survivor Privacy To help survivors remain anonymous and safe, Cifarelli files cases under pseudonyms such as Jane or John Doe. Additionally, evidence like therapy or school records is handled to preserve confidentiality and emotional security throughout litigation. The Emotional Weight of Litigation The act of filing a lawsuit can retraumatize survivors. Cifarelli urges legal actors to recognize this sensitivity and balance transparency with privacy, particularly in light of policies stemming from landmark decisions like MG vs. Time Warner. Confronting Abuse Behind Closed Doors Cifarelli’s cases often reveal abusers operating in trusted environments: schools, youth sports leagues, religious centers, and even medical settings. He notes the alarming number of abuse cases involving low-paid teachers, doctors, and clergy. Institutional Accountability Institutions sometimes fail to report or conceal abuse allegations. Mandatory reporters are legally required to notify child protection authorities, but enforcement is inconsistent. Grants and lawsuits have spurred changes—like hotlines and conduct codes—though more work remains. Expanding Advocacy Despite Limitations Though based in California, Cifarelli’s firm collaborates with out-of-state counsel to support survivors elsewhere. Even so, capacity constraints mean many valuable cases cannot be taken on, a situation he acknowledges with regret. Conclusion: Law as Healing Path Tom Cifarelli’s career exemplifies how legal action can offer survivors both justice and healing. Landmark verdicts, nuanced understanding of trauma, and unflinching institutional challenges show that carefully committed representation can break cycles of abuse and reinforce safety systems in schools, churches, and communities. Sponsors: RankWith.NewsThe Attorney PostNational ERCAndropology

    1h 21m
  8. Jonathan Breeden on High‑Asset Divorce, Child Custody Strategy & Law Firm Scaling

    07/16/2025

    Jonathan Breeden on High‑Asset Divorce, Child Custody Strategy & Law Firm Scaling

    https://www.breedenfirm.com/ (919) 661-4970 In this episode of The Attorney Post, attorney Jonathan Breeden shares the story behind the growth and mission of Breeden Law Office, a family law firm located near Raleigh, North Carolina. His firm has become known for its strong focus on divorce, child custody, adoption, and domestic matters, especially in high-asset cases. Over the past five years, the firm has grown from three to 23 employees. This growth is supported by internal systems designed to provide a consistent and reliable experience for clients. Breeden draws inspiration from service industries that emphasize uniformity and quality, ensuring that every client receives clear communication and realistic expectations. Central to Breeden’s philosophy is the belief that children deserve the involvement of both parents. He acknowledges that clients often enter legal proceedings emotionally charged, but he works to refocus them on long-term goals, particularly what’s best for their families. His approach favors settlement over litigation when appropriate, as courtroom battles often create lasting emotional and financial strain. Breeden also discusses the firm’s challenges and successes through the COVID-19 pandemic. While many firms scaled back, he made the decision to maintain the firm’s marketing efforts, which helped preserve momentum. Now, with most legal hearings back in-person in North Carolina, the firm continues to thrive. The conversation also touches on evolving custody laws. Once biased toward maternal custody, courts now more frequently award joint custody, with 50/50 splits becoming standard. Breeden shares a meaningful case where he helped a father win full custody, reflecting the positive impact that tailored legal advocacy can bring. Later in the episode, Breeden addresses broader trends, including the rise of AI and non-attorney legal services. While recognizing their role, he voices concern about the potential loss of human connection and nuanced advocacy. He also highlights the risks of “assembly-line” legal services that may prioritize speed over quality. In closing, Breeden reflects on hiring challenges, particularly finding experienced attorneys aligned with his firm’s values. His long-standing presence in the legal field and unwavering focus on client care position him as a thoughtful voice in the evolving family law landscape. Sponsors: RankWith.NewsThe Attorney PostNational ERCAndropology

    1h 3m
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Welcome to the attorney post, your source for the inside scoop on current legal news. On this podcast we will interview leaders in various facets of the legal field, help you to understand the various ins and outs of what they do, and cover the basis of some of the most burning questions people have when looking into these facets of law. Visit us online at https://TheAttorneyPost.com SPONSORS: https://RankWith.News Https://NationalERC.org https://TheAttorneyPost.com/groove

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